Allowed

M/S Malabar Plus Constructions, v. State of Kerala

Kerala HC18 Feb 2020WP(C)/2316/2020

Case brief

AI extract

What is this about?

Petitioner, a contractor awarded a new PWD work, sought a direction to accept an unpaid bill as performance guarantee. The court allowed the writ petition, directing respondents to adjust the unpaid bill for this purpose. The timeline for agreement execution was extended by two weeks.

What did the court decide?

Respondents directed to adjust unpaid bill sufficient to cover performance guarantee amounts and execution of agreement extended by two weeks.

M/S Malabar Plus Constructions, Vs State of… — Contract and Commercial Disputes | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941 WP(C).No.2316 OF 2020(L)

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PETITIONER:

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M/S MALABAR PLUS CONSTRUCTIONS, KUTTIPARA, PAYYANAD, MANJERI, MALAPPURAM DISTRICT-676 122, REPRESENTED BY ITS MANAGING PARTNER, RASHEETHA, AGED 45, W/O SHAREEF, RESIDING AT VADAKKANGARA PALLIKKARA HOUSE, KUTTIPARA, PAYYANAD, MANJERI, ELANKUR, MALAPPURAM DISTRICT-676 122.

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BY ADVS. SRI.JOMY GEORGE SRI.DEEPAK MOHAN SHRI.RISHAB S.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERY, MALAPPURAM DISTRICT-676 121.

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4 THE SUPERINTENDING ENGINEER, ROADS AND BRIDGES NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE-673 001.

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GP. SMT. VINITHA B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2316 OF 2020(L)

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JUDGMENT

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This petitioner is a registered partnership firm undertaking works of the Public Works Department of the State Government. Now, the petitioner is awarded a new work. Exts.P1 is the communication issued to the petitioner by the Department in this connection. It is stated that the petitioner is required by the Department to furnish performance guarantee for the work covered by Ext.P1 so as to enable the Department to enter into the requisite agreement for the execution of the work. The limited prayer made by the petitioner in the writ petition is for a direction to the respondents to accept their unpaid bill towards performance guarantee for the work covered by Ext.P1.

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It is submitted by the learned Government Pleader, on instructions, that Ext.P3 (a) bill is pending for payment to the petitioner and that the said bill covers an amount of Rs.80,87,615/-.

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It is seen that in large number of cases, this Court has

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WP(C).No.2316 OF 2020(L)

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granted the relief sought for by the petitioner to similarly placed contractors. In the circumstances, the writ petition is allowed and the respondents are directed to adjust the unpaid bill of sufficient value to cover the amounts towards the performance guarantee for the work covered by Ext.P1 communication. The period prescribed for execution of the agreement for the work will also stand extended by two weeks from today.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/19.02.2020

WP(C).No.2316 OF 2020(L)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO DCO8/PRICE/3713/2019 DATED 13.12.2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 13.12.2019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER DATED 13.12.2019 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P3(A) TRUE COPY OF THE PROFORMA ATTACHED ALONG WITH EXHIBIT P-3 EXHIBIT P4 TRUE COPY OF THE LETTER DATED 3.1.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 4.7.2017 IN WP(C) NO 20155/2017 PASSED BY THIS HON'BLE COURT

M/S Malabar Plus Constructions, v. State of Kerala

Case brief

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M/S Malabar Plus Constructions, v. State of Kerala

Case brief

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